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인터넷 선거운동의 문제점 및 부정방지제도의 법제정비방안

The problem of internet electioneering and proposed legislation on system of protection to illegal election

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Elections under the political conditions of the modern age is an important institution that is accepted as inevitable reality cornerstone of representative democracy, it is a political process. The public offices election act was legislated in 1994 for fair management of election and for protection of illegal electioneering. As the development of the Internet, there were many changes in the electoral environment. The public offices election act had significant impact in both type of election campaign and government controls. In particular, the using social networking services, such as facebook, twitter, kakaotalk etc in internet electioneering brought about amendment the public offices election act. And congress has agreed to revise an the public offices election act so that most voters can be use internet for electioneering. This legislation reflects the changed circumstances of information and telecommunication in the electoral system. In this article, I'll be examine the problem of internet electioneering and proposed legislation on system of protection to illegal election as follows ; The public offices Election Law, internet election coverage deliberation system, some limitations to the fairness of the electoral system and the election, and to prevent the associated negative campaigning using the internet and internet campaign to prevent injustice, cyber election fraud monitoring system, the election broadcast deliberation system, election articles deliberation system, the operating system and anti-election fraud. In brief, this article consists of five chapters. Firstly it look over 'introduction' in the first chapter. Secondly it deals with 'electioneering using the internet' in the second chapter. Thirdly it deals with 'internet campaigning fraud prevention status' in the third chapter. Fourthly I'd like to suggest an alternative about 'internet election issues of regulatory and legal maintenance plan' in the fourth chapter. And lastly it deals with 'conclusion' in the fifth chapter.

Abstract

Elections under the political conditions of the modern age is an important institution that is accepted as inevitable reality cornerstone of representative democracy, it is a political process. The public offices election act was legislated in 1994 for fair management of election and for protection of illegal electioneering. As the development of the Internet, there were many changes in the electoral environment. The public offices election act had significant impact in both type of election campaign and government controls. In particular, the using social networking services, such as facebook, twitter, kakaotalk etc in internet electioneering brought about amendment the public offices election act. And congress has agreed to revise an the public offices election act so that most voters can be use internet for electioneering. This legislation reflects the changed circumstances of information and telecommunication in the electoral system. In this article, I'll be examine the problem of internet electioneering and proposed legislation on system of protection to illegal election as follows ; The public offices Election Law, internet election coverage deliberation system, some limitations to the fairness of the electoral system and the election, and to prevent the associated negative campaigning using the internet and internet campaign to prevent injustice, cyber election fraud monitoring system, the election broadcast deliberation system, election articles deliberation system, the operating system and anti-election fraud. In brief, this article consists of five chapters. Firstly it look over 'introduction' in the first chapter. Secondly it deals with 'electioneering using the internet' in the second chapter. Thirdly it deals with 'internet campaigning fraud prevention status' in the third chapter. Fourthly I'd like to suggest an alternative about 'internet election issues of regulatory and legal maintenance plan' in the fourth chapter. And lastly it deals with 'conclusion' in the fifth chapter.

참고문헌 (22)

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  2. 김태홍, "헌법상 선거관리위원회의 권한과 구성상의 문제점", 공법학연구, 13(3), pp.57~90 (2012), 한국비교공법학회[DOI]
  3. 이상현, "사이버선거운동의 자유화 및 사이버선거범죄에 대한 공직선거법상 형사제재의 대응: SNS를 중심으로", 법학연구, (46), pp.261~291 (2012), 한국법학회[DOI]
  4. 신민수, "ICT 생태계의 건강성 제고를 위한 망중립성 정책 방향", 한국통신학회지(정보와 통신), 29(10), pp.16~ (2012), 한국통신학회
  5. 유현종, "선거운동 규제의 제도적 변화와 지속성: 국회의원 선거운동관련 제도를 중심으로", 한국정치학회보, 45(1), pp.87~111 (2011), 한국정치학회
  6. 중앙선거관리위원회, "제17대 대통령선거총람", 131~132
  7. 허진성, "SNS의 개인정보 침해문제와 그 대응방안에 관한 연구", 언론과 법, 9(2), pp.75~104 (2010), (사)한국언론법학회
  8. 주다영, "소셜네트워킹을 활용한 모바일광고기법 침 사용자환경 연구", 한국디자인학회 학술발표대회 논문집, pp.16~ (2012), 한국디자인학회
  9. 신소연, "트위터와 페이스북 이용자들이 형성하는 사회자본 유형이 정치참여에 미치는 영향", 사이버커뮤니케이션학보, 29(4), pp.191~232 (2012), 사이버커뮤니케이션학회
  10. 윤성이, "인터넷 선거규제에 대한 네티즌 의식 : 누가, 왜 찬성하고 반대하는가?", 한국정당학회보, 9(2), pp.181~208 (2010), 한국정당학회
  11. 이광윤, "일반행정법", pp.313~ (2012), 법문사
  12. 조소영, "반론보도청구권의 헌법적 의미와 그에 대한 헌법적 평가", 공법학연구, 7(4), pp.133~182 (2006), 한국비교공법학회
  13. 김민호, "사이버공간에서 음란성 기준에 관한 소고", 사회과학연구, 19(2), pp.16~ (2003), 경성대학교 사회과학연구소

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